The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2004

Amendment of Part VI (Powers and Duties of the Department)

9.—(1) In regulation 25 (monitoring) –

(a) in paragraph (1) for sub-paragraph (b) there shall be substituted –

“(b) compliance by operators of schemes with the obligation referred to in regulation 3(5B); and

(c) compliance by persons who are accredited reprocessors or exporters with the conditions specified in or under Schedule 2A.”;

(b) in paragraph (2) –

(i) in sub-paragraph (b) for “regulations 6 and 8” there shall be substituted “regulation 6” and for “undertakings” there shall be substituted “conditions”;

(ii) in sub-paragraph (c) “or Part V of Schedule 3” shall be omitted;

(iii) in sub-paragraph (e) for “regulations 12 and 14” there shall be substituted “regulation 12”;

(iv) at the end of sub-paragraph (e) “and” shall be omitted;

(v) at the end of sub-paragraph (f) “and” shall be inserted; and

(vi) after sub-paragraph (f) there shall be inserted –

“(g) the compliance by accredited reprocessors and exporters with the conditions specified in or under Schedule 2A.”;

(c) in paragraph (3) –

(i) at the end of sub-paragraph (a), “or” shall be omitted;

(ii) at the end of sub-paragraph (b), for “,” there shall be substituted “; or”; and

(iii) after sub-paragraph (b), there shall be inserted –

“(c) any person who is engaged in trading in, or brokerage in relation to, PERNs or PRNs,”.

(2) In regulation 25A (monitoring – publication) –

(a) the words “commencing with 2000” shall be omitted; and

(b) for paragraph (a) there shall be substituted –

“(a) the Department’s policy in relation to the monitoring it is required to carry out under regulation 25; and”.

(3) In regulation 26 for paragraph (1) there shall be substituted –

“(1) The Department shall maintain and make available in accordance with this regulation a register relating to –

(a) the producers and schemes registered with it in accordance with regulations 5 to 16; and

(b) the reprocessors and exporters accredited by it in accordance with Part IVA,

and containing the relevant information prescribed in Schedule 7.”.

(4) In regulation 27 (approval of persons to issue certificates of compliance) after “compliance” there shall be inserted “and signing the form referred to in regulation 6(4)(c) or 17A(2) (as the case may be)”.

(5) In regulation 28 (entry and inspection) in paragraph 2, sub-paragraph h(i) for “regulations 22 and 24 and Part V of Schedule 3” there shall be substituted “regulations 21C, 22 and 24”.